IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130019340 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Republic of Vietnam (RVN) and award of the RVN Campaign Medal with Device (1960).

2.  The applicant states he served two 1-year tours of duty in the RVN; however, his DD Form 214 does not show this service or the RVN Campaign Medal with Device (1960).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 25 June 1962.  He was ordered to active duty on 
21 November 1962.

3.  He continued to serve on active duty in the Quartermaster Corps.  He was appointed in the Regular Army and promoted to colonel on 1 February 1985.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service):

* Hawaii  - 16 January 1965 through 3 January 1966
* Vietnam - 4 January 1966 through 18 December 1966
* Vietnam - 18 January 1970 through 14 January 1971
* Korea - 27 June 1979 through 14 June 1980
* Germany - 12 July 1983 through 11 July1986

	b.  item 41 (Awards and Decorations), in pertinent part:

* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm (Individual Award)
* RVN Gallantry Cross with Palm (Unit Citation)
* RVN Civil Actions Honor Medal First Class (Unit Citation)
* Expert Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bar

5.  The applicant's Officer Record Brief, dated November 1990, in pertinent part, shows in section IX (Assignment History):

* 25th Supply Transportation Battalion (January 1966 to December 1966)
* Headquarters, U.S. Army Area Command (January 1970 to January 1971)

6.  The applicant's DD Form 214 shows he was honorably retired from active duty on 30 June 1991 based on sufficient length of service.  He completed 
28 years, 7 months, and 10 days of total active service.  It also shows in:

	a.  item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Legion of Merit (1st Oak Leaf Cluster)
* Bronze Star Medal (2nd Oak Leaf Cluster)
* Meritorious Service Medal (3rd Oak Leaf Cluster)
* Joint Service Commendation Medal
* Army Commendation Medal
* Valorous Unit Award
* Meritorious Unit Commendation
* National Defense Service Medal with bronze service star
* Army Service Ribbon
* Vietnam Service Medal
* Overseas Service Ribbon with Numeral 3
* four Overseas Service Bars
* Parachute Rigger Badge
* Senior Parachutist Badge
* Defense Superior Service Medal

	b.  item 18 (Remarks), no entry for service in the RVN.

7.  A review of the applicant's military personnel records shows evidence that he was awarded or authorized additional awards and decorations.

8.  An Army General Staff certificate, dated 2 July 1976, shows the Director of the Army Staff authorized the applicant to wear the General Staff Identification Badge.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows:

* 25th Supply Transportation Battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period March 1966 through August 1968 in Department of the Army General Orders (DAGO) Number 48, 1971
* Headquarters, U.S. Army Area Command was cited for award of the RVN Honor Medal First Class Unit Citation for the period 31 March 1966 through 21 January 1970 in DAGO Number 51, 1971

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	c.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	e.  The Army Staff Identification Badge was authorized and announced in War Department Circular Number 45, 1932.  The name of the badge was changed to the Army Staff Identification Badge on 29 May 1985.  It is awarded by principal officials of Headquarters, Department of the Army, to military personnel serving on their staff and within their subordinate agencies.  Permanent issue must be authorized by principal officials with the certificate of authorization constituting authority for wearing the badge as a permanent part of the uniform.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.  It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  
During the Vietnam-era, a regulatory provision was introduced pertaining to the remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN and his authorized awards.

2.  Records show the applicant was credited with service in Vietnam from
4 January 1966 through 18 December 1966 and from 18 January 1970 through 14 January 1971.  Thus, it would be appropriate to show this service in item 18 of his DD Form 214.

3.  The evidence of record shows:

	a.  The applicant qualified for award of the VSM and he participated in five campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star for wear on his already-awarded VSM.

	b.  He qualified for award of the RVN Campaign Medal with Device (1960) and the Korea Defense Service Medal.

	c.  Records show he was authorized to accept and wear the RVN Gallantry Cross with Palm as an individual award.

	d.  General orders awarded the applicant's units the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

	e.  The applicant was authorized to wear the General Staff Identification Badge.  (The name of the badge was changed to the Army Staff Identification Badge during the applicant's period of service.)
   
   f.  The applicant qualified for and was awarded the Expert Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bar.

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service in the RVN and his awards and decorations, as recommended below.

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the “Vietnam Service Medal” from item 13 of his DD Form 214;

	b.  adding the following awards to item 24 of his DD Form 214:

* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Staff Identification Badge
* Expert Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bar

	c.  adding the entry:  "Vietnam Service:  4 January 1966-18 December 1966 and 18 January1970-14 January 1971" to item 18 of his DD Form 214.




      _____________x____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130019340



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ABCMR Record of Proceedings (cont)                                         AR20130019340



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